Authority: Supreme Court of India
Order Date: 14-08-2026
Case Overview
- Petition for Special Leave to Appeal (C) No. 26477/2026 filed by S.M. Machines Pvt. Ltd (petitioner) against Galaxy Machinery Pvt. Ltd & Ors (respondents).
- Originated from an impugned final judgment and order dated 24-04-2026 in RSA No. 100117/2023 passed by the High Court of Karnataka, Circuit Bench at Dharwad.
- The petitioner sought exemption from filing a copy of the impugned judgment (IA No. 225344/2026) and challenged the High Court’s rejection of IA No. 1/2023, which sought condonation of a 1,630‑day delay in filing a second appeal.
- Counsel for petitioner included Ms. Khushbu Sahu (AOR) and a team of advocates; counsel for respondents included Mr. A. Lakshminarayanan (AOR) and others.
- The bench comprised Hon’ble Mr. Justice Manoj Misra and Hon’ble Mr. Justice Vijay Bishnoi.
Order Details
1. The Supreme Court noted that the petition aimed to impugn the High Court order dated 24.04.2026 rejecting the condonation of a 1,630‑day delay.
2. The petitioner argued that the High Court should not have made observations allowing parties liberty to submit memos of calculation before the executing court.
3. The Court held that the observation in paragraph 19 of the High Court order was merely a passing remark to support its conclusion that the appeal was hopelessly barred by time, and therefore it had no bearing on the parties’ rights in execution proceedings.
4. Consequently, the Special Leave Petition was disposed of.
5. Any pending applications, if any, were also ordered to stand disposed of.
Final Outcome
- The Supreme Court dismissed the Special Leave Petition, confirming that the appeal is barred by the extensive delay and that no further applications will be entertained.
Topics: Legal Dispute, Appeal Barred